Effective October 15, 2021
This Automox Service Level Agreement (“SLA”) applies whenever it is incorporated by reference into the Master Services Agreement (“Agreement”) between you and Automox Inc. (“Automox”). Capitalized terms used but not defined in this SLA have the meanings given to them in the Agreement.
1. SERVICE COMMITMENT
Automox will provide the Automox Cloud Service with at least 99.7% Availability during each calendar month. If Automox does not meet this commitment, you are eligible to receive a Service Credit as described below.
2.1 “Availability” means that you are able to use the Automox administrative console.
2.2 “Monthly Uptime Percentage” means for any calendar month a percentage calculated as follows:
|Total Minutes Available|
|(Total Minutes in Month - Scheduled Maintenance)|
2.3 “Scheduled Maintenance” means Automox’s scheduled maintenance of the Cloud Service (details available at support.automox.com/help/maintenance-policy.
2.4 “Service Credit” means a dollar credit, calculated as described below, that Automox credits back to an eligible Automox account.
3. SERVICE CREDITS
Service Credits are a percentage of the fee paid to Automox for the Cloud Service during the calendar month in which Automox did not meet the Availability commitment. If you paid an annual fee or purchased the Cloud Service as part of a suite or bundle of products, Automox will calculate Service Credits based on the pro rata portion of the total fee attributable to the Cloud Service for the applicable month. Service Credit percentages are as follows:
|Monthly Uptime Percentage||Service Credit Percentage|
|Equal to or greater than 99.0% but less than 99.7%||5%|
|Equal to or greater than 95.0% but less than 99.0%||10%|
|Less than 95.0%||30%|
Automox will apply Service Credits against your next payment to Automox for the Cloud Service. If your Cloud Service subscription expires without renewal, Automox will promptly issue you a refund for any outstanding Service Credits. Service Credits will not entitle you to any other refund or payment from Automox and may not be transferred or applied to any other account.
If you are entitled to Service Credits in three months of any 12-month period, then you may terminate your Cloud Service subscription by providing written notice of termination to Automox within 30 days of the end of the third month in which you were entitled to a Service Credit. Automox will promptly refund the pro-rata portion of the fees received for the Cloud Service from the date on which you provided notice of termination. The remedies in this section 3 (Service Credits) are your sole and exclusive remedy for any unavailability, non-performance, or other failure by Automox to provide the Cloud Service.
4. CREDIT REQUEST AND PAYMENT PROCEDURES
You must request a Service Credit by sending an email to your customer success manager with the subject “Service Credit Request.” You must submit your Service Credit request by the end of the second calendar month following that in which Automox failed to meet the Availability commitment. For example, if an incident occurred on January 1st, you must notify Automox by March 31st.
Your request must include (1) a detailed description of the incident, (2) information regarding the time and duration in which the Cloud Service was not Available, and (3) descriptions of your attempts to resolve the incident at the time of occurrence.
Automox will evaluate your claim using all reasonably available information and make a good faith determination of whether Automox met its Availability commitment. If Automox determines that it did not provide the Cloud Service within the Availability commitment, then Automox will issue the Service Credit during the month following that in which Automox confirmed your request. For example, if Automox confirms on March 15th that it did not meet its Availability commitment, Automox will issue you a Service Credit by April 30th.
5. SERVICE CREDIT EXCLUSIONS
The Availability commitment does not apply to any unavailability of the Automox Offering that results from: (1) your failure to operate the Automox Offering in accordance with the Documentation; (2) factors outside of Automox’s reasonable control, including any force majeure event, or Internet access or related problems beyond the border router of Automox datacenter; (3) equipment, software or other technology not provided or controlled by Automox; or (4) Automox’s termination or suspension in accordance with the terms of the Agreement.